1, investigation stage
In the investigation stage, the lawyer's primary task is to understand the charges charged by the criminal suspect, the specific investigation organ and the relevant situation of the case from the periphery. After understanding the basic content, lawyers began to study the relevant legal provisions of the crime and local sentencing guidance. Lawyers follow up the progress of the case, communicate the case to the investigation organ, and understand the direction and time limit of the case handlers. In addition, if objective facts exist, lawyers can investigate and collect evidence through legal procedures or apply for investigation and evidence collection according to law to obtain evidence of innocence and guilt of criminal suspects.
2. Review and prosecution stage
Lawyers prepare entrustment procedures and relevant official letters, go to the procuratorate to understand and copy the basic information of the criminal suspect involved, understand the prosecutor, assistant and contact information of the criminal suspect, understand the specific time when the criminal suspect was arrested, and understand whether the criminal suspect's case is returned for supplementary investigation. Then choose whether you can make an appointment to apply for marking according to the actual situation. Those who can apply for marking shall apply according to law and go to the case management department of the procuratorate for marking after being notified by the prosecutor. After reading the file, the lawyer began to understand all the evidence and documents of the case, conduct in-depth and meticulous research, and formulate defense strategies. After consulting and analyzing the whole volume, combined with my usual experience in handling cases, I drafted a written legal opinion and served it to the prosecutor, and then kept in communication with the prosecutor on the case process. Apply for bail pending trial in time according to the specific circumstances.
3. Trial stage
Before the trial, through the investigation stage and the examination and prosecution stage of the case, the lawyer can make clear the direction of the lawsuit, whether it is an innocent defense or a lighter defense. Then, if the defendant is innocent, the lawyer will analyze the witness's confession and the suspect's confession according to the overall situation of the case, and combine other types of cases and types of evidence with various characteristics to judge many contradictions between the evidence and the probative force of the evidence. Then, if you choose the crime of pleading guilty lightly, the lawyer will look for the confession and defense that is beneficial to the criminal suspect and defendant according to the evidence loopholes of the investigation organ, and find the sentencing point that enjoys legal circumstances and discretionary circumstances when sentencing. During the trial, the defense opinions should be analyzed and demonstrated from different aspects such as whether the facts are clear, whether the evidence is sufficient, whether the applicable law is accurate, and whether the proceedings are legal, and put forward opinions and reasons for the conviction and sentencing of the case.
Legal basis: People's Republic of China (PRC) Lawyers Law.
Article 28 A lawyer may engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
Article 29 As a legal adviser, a lawyer shall, in accordance with the agreement, provide advice to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other legal affairs entrusted, and safeguard the legitimate rights and interests of the client.
Article 30 A lawyer representing litigation legal affairs or non-litigation legal affairs shall safeguard the legitimate rights and interests of clients within the scope of entrustment.
Article 31 When acting as a defender, a lawyer shall, according to facts and laws, put forward materials and opinions on acquittal, lighter punishment or reduction or exemption of criminal responsibility of criminal suspects and defendants, so as to protect the litigation rights and other legitimate rights and interests of criminal suspects and defendants.